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RULES
(Under the Advocates Act, 1961)
Part V-A
NOTIFICATION
New Delhi, the 12th January, 2015
(Verification) Rules have been framed in exercise of powers conferred but practically no state bar Council has observed this mandatory
on Bar Council of India by section 49(1)(ag), 49(ah) and 49(i) of the provision of the Act up till now.
Advocates Act, 1961 and in exercise of powers under Part-V Chapter Under these circumstances it appears that a definite trend is visible
1, Rule 1(1) & 2 and Rule 2 of Bar Council of India Rules, Chapter III that the control of Bar Associations and of other elected bodies under
sub Rule 3, 4 and Part-IX Rule 17,18(h), 20,22,24 of Bar Council of the Advocates Act is slipping out of the hands of the advocates who
India Rules. practice law. It is also being experienced that after certificate of
enrolment is issued to an advocate, practically no communicative and
****** continuing contact survives between him and the Council.
Under the existing state of affairs, All India Bar Examination
BAR COUNCIL OF INDIA CERTIFICATE AND introduced on the directions/observations of the Supreme Court of
PLACE OF PRACTICE (VERIFICATION) India to improve the standard of legal profession has also failed to
RULES, 2015 fully achieve its objective. Advocates enrolled with the State Bar
Councils obtain “Provisional Certificate of Practice” (valid for 2 years)
Statement of objects and reasons and thereafter most of them are practicing Law without caring to
appear for All India Bar Examination and to pass it.
The legal profession is an Honorable one and it has critical role to
play in protecting and promoting the Civil and Constitutional rights Various welfare schemes for advocates have been floated in India
of the people. An independent and fearless Bar is vital and crucial for both under State Legislations as well as under various welfare schemes
sustaining and promoting a true and healthy democracy. The Bar framed by different State Bar Councils and by Bar Council of India
which is subject to manipulation and influence from extraneous but benefits there-under are being enjoyed by those also who have
powers, howsoever mighty and esteemed they may be, cannot do left the profession.
justice either to the Legal Profession or to the Rule of Law. Bench and There is also an urgent need for laying down some conditions for
Bar are the two wheels of a chariot and one cannot function without practicing law in different Courts so as to give due weightage and
the other. Sadly, this profession has fallen under a cloud. credence to experience. Before an advocate could practice law in
In the Joint Meeting of the representatives of all State Bar Councils higher Courts, there is need that he is exposed to real court experience
and Bar Council of India, concerns were raised by all that trend of in lower Courts/trial Courts. This will help in integrating the whole
Advocates switching over to other professions/services/business judicial system from the perspective of the Bar.
without any information to the State Bar Council has reached alarming Therefore, in order to achieve better and effective administrative
proportions. This trend is endangering the legal profession as a whole. and disciplinary control of the local Bar Associations, State Bar
It has also made a dent in its sanctity and standards. Names of such Councils and the Bar Council of India over the advocates entered on
advocates continue to be included in the “Roll of advocates” being the Rolls of advocates being maintained by different State Bar Councils
maintained by the State Bar Councils, notwithstanding the fact that under section 22 of the Advocates Act and further in order to weed
they have left the legal profession or have since died. Though under out advocates who have left practice, the Bar Council of India, in the
section 19 of the Advocates Act, the State bar Councils are under legal exercise of powers conferred on it by section 49(1) (ag), 49 (ah) 49(i)
obligation to send a copy of the Roll of advocates prepared by it under of the Advocates Act, 1961 and by all other enabling and residuary
section 17 of the Act and subsequent alterations/additions thereto powers vested in it, had brought the rules titled “ Bar Council of India
4 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 5
Certificate of Practice and Renewal Rules, 2014” for the purposes of Bar Associations, Pensions etc.) But due to objection, now the Council
carrying into effect the provisions and objectives of the Act:- has resolved to segregate this amount of Rs. 400/- for welfare-schemes
But in some of the places, the Advocates raised objection with from the process fee of verification. Now only Rs.100/- is to be charged
regard to the word Renewal, though in fact it is not the renewal of from the Advocates as Process fee and rest of Rs. 400/- would be
enrolment, rather it aimed at periodical verification of the details of optional not mandatory, depending upon the decision of concerned
an Advocate already enrolled with some State Bar Council. The aim State Bar Council and the concerned Advocate. Even from this process
was/is only to verify the place where the Advocate normally practices, fee of Rs. 100/-, besides the expenditure incurred for undertaking
the Bar Association of which he is a member (if any), the address/ the work of verification, the State Bar Council, Bar Associations and
email id, enrolment number/year, the Institutions from which the Bar Council of India are required to spend the rest of the amount for
Advocate has passed his Graduation and LL.B. The purpose is the the improvement of infrastructures of Associations only. State Bar
maintenance of record of all the Advocates of the country; two Councils shall be required to open and maintain a separate Bank
passport size photographs of Advocate was/is also required to be Account for this purpose which would be audited every year. The
furnished to the State Bar Council. The other object was/is also to report of Audit shall be sent to Bar Council of India and the Bar
introduce certain electoral reforms in the Bar Council/Bar Association Association soon after the submission of report.
elections, because in recent past, the Bar Council of India and the The Bar Council of India has also come to know that a number of
State Bar Councils have come across the cases of rigging in the polls fake (farzi) persons (without any Law Degree or enrolment certificate)
and the allegations of bogus voting has now become frequent, since are indulged in Legal practice and are cheating the Litigants, courts
the State Bar Councils and/or majority of Bar Associations of the and other stake-holders; and neither the Bar Associations nor the
country have no record of the Advocates who died after enrolment concerned State Bar Councils have any control over such fake persons.
or who joined other jobs, business or professions; the Bar Council of Shockingly, it has come to the notice of the Council that at some places,
India being the regular of Legal profession and Legal education of the office-bearers of Bar Associations or some vote-seekers knowingly
the country has, therefore, decided to undertake the detailed make such people members and voters of their Associations with a
verification and then to prepare a Voters’ List alongwith recent motive to get their votes in the elections of Bar Associations or Bar
photographs of the Advocate (Voter). The Council has framed these Councils. Similarly, many persons, after getting enrolled as Advocates
Rules in the light of the verdict of Hon’ble apex Court in the case of in any State Bar Council, get involve in Property-Dealings, contract
Supreme Court Bar Association. The Bar Council of India has already or switch over to some other business, profession or job and have no
decided to develop the web-portal for this purpose to have full details more concern with the Legal profession. Such “non-practicing
of all the Advocates of the country, all the Institutions imparting Legal Advocates” are sometimes being used by some of the office-bearers/
Education, details of Law students, the Law Teachers and details of candidates for elections of Bar Associations or Bar Councils (only for
all the Bar Associations. The detailed information and photograph is their votes). But in fact, the Council has realized that such practice is
necessary for that purpose also. Furthermore, since some of the Bar degrading the standard of Legal profession, and this mal-practice has
Associations have raised baseless objection with regard to the sum of to be stopped.
Rs. 500/- as Practice Fee (as per them it is a heavy amount); the major Few of the office-bearers/representatives of some of the Bar
portion (about Rs.400/-) of this Rs. 400/- was aimed (in 2014 Rules) Associations had raised unnecessary objections and protests to these
for providing welfare schemes (like Insurance for Advocates and their reformative steps. Such protests were/are only to serve their vested
family members and improvement of infrastructure and Library of interests. Bar Council of India has to maintain the dignity and
6 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 7
30th June, 2010) and thereafter, enrolled on or after 12th Day of (k) Fake Person is a person who is involved in practicing in Courts
June, 2010, Certificate of Practice means the “Certificate of of Law/Tribunals or other Legal forums without having a
Practice” issued under All India Bar Examination Rules or valid Degree in Law (without any enrolment in any State Bar
under Rule 13 of these Rules or the enrolment certificate issued Council) and use to appear in such Courts, Tribunals or
by the State Bar Council. Forums illegally posing him as an Advocate.
(e) State Bar Council means the State Bar Councils as defined (l) All terms and phrases used in these rules shall have the same
under section 3 (1) (a) of the Advocates Act, 1961. meaning as they have under the Advocates Act, 1961, unless
the context in which such words and phrases are used,
(f) Verification/process fee means the amount/s payable under expressly suggest to the contrary.
these rules as fee and amount for processing of Application
and its verification. This amount may be varied by the Bar 5. Necessity of “Certificate of Practice”
Council of India from time to time and on such variation, the
An advocate shall not be entitled to practice law unless he holds a
varied amount shall mean the fee.
valid and verified certificate of practice issued either under All India
(g) Bar Association of a given area/town/city means an area/ Bar Examination Rules or under these Rules.
territory and court work based association of advocates, This disability to practice law would come into force only when
weather registered under the Societies Registration Act (Act the name/names of such advocate/s is/are published under Rule
No. XXI of 1860) or not having its area/territory defined in 20.4.
terms of the whole or part of the territorial jurisdiction of
Courts/Tribunals/Persons or any other Authorities legally 1
5(a) Exemption of certain categories of Advocates
competent to take evidence before which its members However, the senior Advocates designated under Section 16 of the
ordinarily practice law and it includes Bar Association Advocates Act and Advocates on Record of Supreme Court of India
exclusively dealing in specific fields of law viz. Income Tax, are requested to fill Form E for Senior Advocates and Form F(new)
Corporate law, Central/State Excise Law etc. in relation to for Advocates on Records. They shall also be required to send two
the authorities/tribunals/boards etc. there-under. passport size photographs alongwith duly filled up forms of their
(h) “Roll of advocates” means “roll” as defined in the Advocates respective Bar Associations or the concerned State Bar Council, so
Act. that their names could be included in electoral roll of State Bar Council.
The senior Advocates shall be required to deposit a sum of Rs. 500/-
(i) “Administrative Committee” shall mean a committee and the AORs shall deposit the fee to be decided by their respective
comprising of three members of the State Council, constituted Sate Bar Councils. All the State Bar Councils shall be required to inform
by the State Bar Council by way of election, for discharging the Supreme Court Bar Association and the AOR Association of
such functions and duties as are entrusted to it under these Supreme Court about the fee for verification of Certificate of Practice
Rules. There may be more than one such Committee fixed by them forthwith.
depending upon the work load of a particular State Bar
Council.
(j) An non-practicing advocate means an Advocate enrolled with
any State Bar Council, but is not in actual practice of Law and
is engaged in some other public or private job, business,
contract etc. not related to Legal profession: and who has been
so declared under Rule 13 and Rule 20.2 of these Rules and
1. Substituted vide Resolution No. 119/2015 dated 6/6/2015.
whose name stands published under Rule 20.4.
10 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 11
Out of this Rs. 100/-, the Secretary, State Bar Council shall 8.5 That the aforesaid application may be filed by the applicant
send a sum of Rs. 20/- to the concerned Bar Association along with all the aforesaid documents either by hand in the Office of
and Rs. 30/- to Bar Council of India, rest Rs. 50/- is to be the State Bar Council against proper receipt or send to the Secretary
kept in the Account of State Bar Council. under registered post or through the Bar Association, of which he/
ii. A declaration in the prescribed format as given in Column II she is a member.
of Form ‘A’ annexed with these Rules;
9. Application for Verification of Certificate of Practice issued by
iii. Two passport size photographs duty attested by the President/ State Bar Council
Secretary of the Bar Association or by any other office bearer
of the Association who is duly authorized for this purpose by 9.1 The Certificate of Practice issued to an advocate under Rule
the Bar Association, of which the applicant is a member, or by 13 of these Rules or under All India Bar Examination Rules and
a member of the State Bar Council duly authorized by the State Verification thereof, shall be valid for a period of five years (5) years
Bar Council or Bar Council of India ; only and is liable to be verified every five (5) years by filing an
iv. Certificate in Form A Column III issued by the President/ application for verification in advance within a period of six (6)
Secretary or by any other office bearer of the Association, who months, before the validity period of “Certificate of Practice” or of its
is duly authorized for this purpose by the Bar Association/ to verification, expires.
the effect that the applicant advocate is a bona fide member of 9.2. All such applications for verification shall be filed in the format
the concerned Bar Association and that he has not left law as given in Form A annexed with these Rules and it shall be
practice OR By any member of State Bar Council duly accompanied by such documents, certificates, declaration, fee etc as
authorized by State Bar Council or by the Bar Council of India. are mentioned in clauses (i), (ii) and (iv) of Rule 8.4 and the same may
In case, the applicant has been a member of different Bar be submitted as per Rule 8.5.
Associations at different times since the issuance of certificate
of enrolment under section 22 of the Advocates Act, 1961, such 10. Delayed application with late fee
certificates may be obtained from the Presidents/Secretaries That all the applications for verification of “Certificate of Practice”
of the different Bar Associations, of which the applicant filed after the time fixed by rule 8/rule 9.1 of these Rules shall not be
remained a member, at different times. received by the Office/Secretary unless it is accompanied by late fee
In case, the certificate of enrolment under section 22 of the in the sum of Rs.100/- (one hundred only) and such late applications
Advocates Act, 1961 was granted more than five (5) years prior would be entertained only for a period of six (6) months.
to the date of application, such certificate/certificates needs
to be confined only to a period of five (5) years. 11. Delayed application for verification with penalty clause
Provided that in case it is established at any stage that any That all applications for verification of certificate of practice filed
such Authority has deliberately issued a certificate in Column after the period fixed under rule 10 shall not be received and processed
III of FORM ‘A’ even after knowing that the Advocate is not by the Office/Secretary unless it is accompanied by a penalty fee of
in practice, the State Bar Council will be at Liberty to take Rs. 50/- (rupees fifty only) per month reckoned from the last
appropriate action against such Authority issuing such date on which such an application ought to have been made under
certificate. Rule 10 of these Rules but such late application with penalty clause
2
v. However, the State Bar Councils would be at liberty to make attached thereto would be entertained only for a period of six (6)
any change in the Verification/process fee as per their own months.
requirements and necessities. But any such change shall be
12. Incomplete and faulty applications
required to be approved by the Bar Council of India.
That in case, the applications so received, are found to be
2. Inserted vide Resolution No. 119/2015 dated 6/6/2015. incomplete/faulty, the Office of State Bar Council shall intimate the
16 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 17
concerned advocate of such shortcomings/defects by issuing letter facie case in favor of the applicant; it shall refer it for decision to its
under registered Post and such applications shall be processed further Administrative Committee.
by the Office on removal of such shortcomings/defects.
14.4 That the “Administrative Committee” of the State Bar Council
The time taken to remove such shortcomings/defects by the shall decide and dispose of such an objection petition along with
concerned applicant may be counted towards late fee payable by the application for issuance/verification of Certificate of Practice of the
concerned advocate at the rate of Rs.1, 00/- per month unless it is concerned advocate, if any. But if no such proceedings are pending,
waived by the Chairman/Vice-Chairman of the State Bar Council in such objection petition shall be decided independently.
case sufficient cause is shown for such delay.
Such procedure as is applicable to complaints under section 35 of
13. Order on the application for verification of Certificate of the Advocates Act shall apply, mutatis mutandis, to proceedings
Practice under this rule.
That every application for verification of certificate of practice and 14.5 That in case the complaint is found to be vexatious, frivolous
place of practice received shall be scrutinized by the Office within a and mala fide, the security amount deposited with the objection
period of one month from the date of its receipt and if found in order, petition shall be forfeited to the State Bar Council.
it shall be placed along with the personal file of the applicant before 14.6 The “Administrative Committee” shall be required to decide
the Administrative Committee, for passing the requisite order the objection petitions within a period of 15 days from the date of
allowing or dismissing the application. objection.
Such application is liable to be dismissed only in case it is found Explanation: An Advocate shall be deemed to be in practice, if he is
that the advocate has left law practice and that he/she has no bona able to establish that he has appeared in any Court of law or has filed
fide intent and interest in continuing it in future also and such an Vakalatnama even in one case before any Court of Law/other forum
advocate shall be treated as a non-practicing advocate under these in a year before these Rules came into force.
Rules. 3
Explanation: However, the Advocates doing chamber practices, or
No adverse order can be passed under this rule unless a reasonable engaged with some Law Firms who are unable to file Vakalatnamas
opportunity of being heard is afforded to the applicant. in any court or forum shall also be entitled to apply for verification of
their certificates and place of practice. They shall be required to file
14. Objection Petition
an affidavit stating that they are doing Legal practice and shall have
14.1 An advocate or any person may file an objection petition before to furnish at least proof of this effect. Those who are engaged in any
the State Bar Council seeking to add the name/names of an advocate/ registered law firm shall be required to obtain a certificate from the
advocates in the List of Non-Practicing Advocates on the ground that Law Firm and submit it alongwith their application form.
such an advocate has left law practice and that he/she has no bona
fide intent and interest in continuing it in future also.
14.2 Rule A. I (1) and rule A. I (2) of Chapter I of Part VII of the Bar
Council of India Rules relating to complaints under section 35 of the
Advocates Act shall, mutatis mutandis, apply to these objection
petitions except that such objection petition shall be accompanied by
a security amount of Rs.1, 000/- and not such fee as is prescribed in
the aforesaid Rules relating to complaints under section 35 of the
Advocate Act.
14.3 That in case the State Bar Council finds that there is a prima 3. Inserted by Resolution No. 119/2015 dated 6/6/2015.
18 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 19
CHAPTER V CHAPTER VI
FOLLOW UP ACTION CONSEQUENCES OF ORDER U/R 13 AND OF
FAILURE TO MAKE APPLICATIONS
i. One copy of such List shall be displayed outside the Office of be given to the followings:-
the Bar Council;
i. One copy of such List shall be sent to the Bar Council of India
ii. Copies of such list shall also be sent to such District/Tauka and to all other State Bar Councils.
Bar Association/s to which such advocate/advocates belong
ii. One copy of this list shall be sent to all the Courts situated
as per the address last disclosed by him/her and also to the
within the territorial limits of the State Bar Council and also
concerned High Court/Supreme Court Bar Association;
to the concerned High Court. Once copy shall be sent to
iii. A letter of intimation that his/her name stands included in Supreme Court of India also.
such list shall also be sent to the defaulting advocate at the
iii. Copies of such list shall also be sent to such District Bar
address last disclosed by him/her under registered Post.
Association/s to which such advocate/advocates belong as
iv. This List shall also be published by the State Bar Council as per the address lat disclosed by him/her and also to the
per law. concerned High Court/Supreme Court Bar Association;
19. Late Applications after publication under Rule 18 20.4 The List of Non-Practicing advocates and name/names of
advocates whose application for issuance/verification of certificate
If an application for issuance/verification of Certificate of Practice of practice stands dismissed under Rule 13 shall also be published
is received by the State Bar Council within a period of 6 months of by the State Bar Council as per law after such list/name/names is/
the publication of the aforesaid list of defaulting advocates under are approved by the Bar Council of India.
Clause (iv) of Rule 18, it shall be accompanied by such late fee and
penalties as are specified by rules 10 to 12 of these Rules. List of such non-practicing Advocates is to be furnished by the
concerned State Bar Council to Registrar of Supreme Court of India,
All such applications shall be processed by the Office as per the Registrar of all the High Courts, Subordinate courts of the States, Bar
procedure laid down by rule 10 to 12 and thereafter order on such Association of Supreme Court of India and Bar Associations of all
applications shall be obtained under rule 13 and such order shall be the High Courts and Subordinate Courts.
given effect to as per these rules.
21. Non-practicing advocates as included in the list of “non-
20. Consequences of failure to respond and publication of “list of practicing advocates” not entitled to practice law and to other
non-practicing advocates privileges and rights
20.1 That if no application for issuance/verification of Certificate 21.1 From the date of publication of the aforesaid list of non-
of Practice is made under these rules or if an application is filed but practicing advocates, all such advocate/s whose name/names has/
defects are not removed as per Rule 17, it shall be presumed for the have been included in the aforesaid list, shall not be entitled to appear
purposes of these rules that such an advocate has left law practice in any Court of Law, before any Tribunal or person legally authorized
and that he/she has no bona fide intent and interest in continuing it to take evidence and before any other authority or person before
in future also. whom such advocate is by or under any law for the time being in
20.2 That on the expiry of a period of 6 months of the publication force entitled to practice, notwithstanding the fact that name/names
of such “List of Defaulting Advocates”, the State Bar Council shall of such advocates is/are entered in the State Roll and that he is holding
pass an order directing that the name/names of such advocate/ certificate of enrolment under section 22 of the Advocates Act.
advocates appearing “List of the Defaulting Advocates” be put in the Further, name/s of such advocate/s shall not be included in the
list of “Non-Practicing Advocates”. electoral roll for the purposes of elections to the State Bar Councils.
20.3 That due notice of the list of “Non-Practicing Advocates” shall Such an advocate/s shall cease to be a member of any Bar Association
22 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 23
and further he/she shall not be entitled to cast vote/s in any elections
of the Bar Associations.
The status and rights of such advocate/s “as advocate/s entitled
to participate and receive benefits” under Welfare Schemes of Bar CHAPTER VII
Council of India created under Rules 40 to 44 B of Section IV-A of UPDATING OF THE RECORD OF PRACTICING
Chapter II contained in Part VI of the Bar Council of India Rules and
AND NON-PRACTISING ADVOCATES
other schemes floated by the State Bar Council shall come to an end
w. e. f. the date of publication of the List/name/names of Non-
Practicing Advocates under Rule 20.4 with the exception that such an
advocate would be entitled to receive such benefits under the relevant
scheme/s, if any, which have already accrued in his/her favor. 22. Record with respect to practicing and non-practicing
Advocates
22.1 That on culmination of the initial process of identification of
Non-practicing Advocates in the aforesaid manner in the publication
of the List of such advocates under Rule 20.4, the State Bar Council
shall create and maintain a separate record of such Advocates with
all particulars as to name, address, date of birth, date of enrolment,
enrolment number, particulars of application for issuance/verification
of Certificate of Practice, if any, and of its dismissal. This record shall
be updated regularly.
22.2 Every State Bar Council shall send to the Bar Council of India
an authenticated soft copy of the record as maintained under Rule
22.1 every year.
22.3 All the Advocates whose certificate of Practice are duly verified
shall be issued a certificate of Practice affixing his photograph and
mentioning the period of its validity FORM ‘B’ ; And the State Bar
Council shall also issue an Identity card to such Advocates containing
a Xerox copy of his photograph and the period of its validity FORM
‘D’. The Advocates would be supposed to carry it while practicing in
Courts/ Tribunals or other Forums, so that in case of demand by any
Law Court/Authority or any Advocate or any Litigant or citizen one
can easily establish that he is an Advocate.
22.4 An Advocate after getting the verified Certificate of Practice
under these Rules can appear before any Court of Law/Tribunal or
other forum in India as per Section 30 of the Advocates Act subject to
fulfillment of any condition imposed by any competent or Court of
Law.
24 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 25
23. Updating of the electoral rolls of the State Bar Council for the
purposes of elections
On the publication of list of non-practicing Advocates under rule
20.4 and after sending copy of such record to the Bar Council of India CHAPTER VIII
under Rule 22.2, the State Bar Councils shall start the process of APPEAL, REVISION ETC.
preparation of electoral roll for elections to the State Bar Councils as
per Chapter I, Part-III of the Bar Council of India Rules. No State Bar
Council shall undertake to prepare electoral roll or to conduct elections
to the State Bar Councils unless the process of verification of Certificate
of Practice and of identification of non-practicing advocates is 24. Appellate Tribunal
completed under these Rules by publication of their names under 24.1 There shall be an Appellate Tribunal for disposal of appeals
Rule 20.4. under these rules with respect to each State Bar Council and such
Provided that the election/s of the State Bar Council/s where a Tribunal shall comprise of the following members:-
special committee/committees under section 8A of the Act is/are i. Two Members of the State Bar Council elected by the State
already functioning on the date of commencement of these rules, shall Bar Council under Rule 44 A(2)(i) of Bar Council of India Rules
continue under the existing rules as if these rules have not been under Part VI, Chapter II , Section-(IV A).
enforced. In such State Bar Councils, these Rules shall come into force
only after the new State Bar Council is constituted on the declaration/ ii. One member of the State Bar Council from amongst the
publication of the results of the elections. members of the Executive Committee to be nominated by the
Chairman of the State Bar Council and another member
The State Bar Councils are required to constitute various nominated by the Member, Bar Council of India from the
Committees for implementation of these Rules. If any State Bar concerned State Bar Council.
Council is proved to be deliberately slack unnecessarily in verification
of Certificate of Practice and identification of non-Practicing III. Member of the Bar Council of India from the concerned State
Advocates, then in that case Bar Council of India would be at Liberty Bar Council who shall be its Chairman;
to take appropriate action under the provisions of Advocates Act, 24.2 That the quorum of the Appellate Tribunal shall be three
1961. members but no final order shall be passed unless the Chairman of
the Appellate Tribunal is party thereto.
the impugned Order. The appeal shall not be received and entertained
unless it is accompanied by a fee of Rs. 200/- in the form of a Bank
draft/Account Payee Bank Cheque favoring Secretary, State Bar
Council of the concerned State Bar Council. CHAPTER IX
Out of this amount of Rs. 200/-, the Secretary, State Bar Council RESUMPTION OF PRACTICE
shall send/ deposit remit a sum of Rs. 50/- to the Account of the Bar
Council of India and a sum of Rs. 50/- shall be transferred to the fund
known as “ Fund for Promotion Bar Associations” under these rules.
Every such appeal shall be heard by the Appellate Tribunal, which
may pass such order there on as it deems fit. Appeal is to be decided 28. Resumption of Practice
expeditiously preferably within 90 days of its filing. 28.1 If an advocate whose name has been included in the “list of
non-practicing advocates” published under Rule 20.4, intends to
26. Stay of operation of order passed under rule 13 and rule 19.2
resume law practice in the changed circumstances, he may apply to
Mere filing of an appeal against order passed under rules 13 and the State Bar Council that his/her name may be taken out of such list.
20.2 shall not operate to stay the operation of order appealed against
unless its operation is stayed by the Appellate Tribunal on such 28.2 Application for resumption shall be made in Form C along
conditions as it may deem fit. with resumption fee of Rs.2, 000/- and declaration.
Such an application shall be supported by a certificate in Column
27. Power of Revision
III of Form A issued by the President/Secretary of the Bar Association,
27.1 The Bar Council of India may, at any time, call for the record of which the applicant intends to become member for doing practice
of any proceeding under these Rules which has been disposed of by in law.
the State Bar Council or by the Appellate Tribunal, and from which
no appeal lies, for the purpose of satisfying itself as to the legality 28.3 The State Bar Council shall refer such an application for
and propriety of such order or disposal and may pass such orders in resumption to the Administrative Committee which may pass an
relation thereto as it may deem fit. appropriate order allowing or dismissing such application provided
that such an application shall be allowed only if the Administrative
This revision shall be under Part-II, Chapter IX of BCI Rules viz.
Committee is satisfied that the intent of the applicant to resume law
Section 48A of the Advocates Act, 1961.
practice is bona fide.
27.2 No order which prejudicially affects any Advocate shall be
28.4 In case application for resumption is allowed, the name of the
passed under this Rule unless an opportunity of being heard has been
applicant shall be taken out of the list of the “non-practicing
afforded to him.
advocates” and such exclusion shall be duly notified and published
as provided by rule 20.3 qua “list of non-practicing advocates”.
28.5 That from the date of publication under Rule 28.4, all
disabilities suffered by the applicant under rule 21, shall not survive
but he/she shall not be entitled for any benefits/privileges that were
denied to him under Rule 21 for the period his/her name remained
in the “list of non-practicing advocates”.
28.6 Out of Rs. 2000/-, a sum of Rs. 1000/- shall be utilized by
28 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 29
State Bar Council for the purpose of welfare of Advocates and Rs.500/
- shall be transferred to the concerned Bar Association and Rs. 500/-
shall be utilized by Bar Council of India for the welfare of Advocates.
CHAPTER X
PROCESS FEE FUND
To,
Passport
The Secretary, size
Bar Council of ........................................ Photograph
.................................................................. of the
Advocate
..................................................................
..................................................................
...................................................................................................................................
5
6. Name of Institution & University from where advocate has done his -
4. Form A & F made common vide Resolution No. 305/2015 dated 5/12/2015.
5. Ammended vide Resolution No. 190/2015 dated 9/8/2015.
34 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 35
Mobile No. / Email / Website ................................................................................ Name of the Bar Association ........................................................................
8. Place of Practice : ...................................................................................................... 19. Any other information, applicant wants to submit about his distinctions.
(As given in the Application Form for enrolment):
20. If the advocate is not a member of any Bar Association (registered and
9. Present Place of Practice: ......................................................................................... recognized by the concerned State Bar Council), the reason for not being a
10. Date of Birth : ........................................................................................................... member of Bar Association ......................................................................
..................................................................................................................................................
11. Name of Bar Association of which applicant is a member ..................... ....................................................................................................................................
..................................................................................................................................... ....................................................................................................................................
12. Whether the applicant, after enrolment, has joined any Government/Semi-
Government or Private Service or any other kind of service, if so full particulars 21. Whether the advocate intendes to bocome the Member of the Bar Association
be furnished with date of joining of such services: .................................................... in future. (Put a ‘X’ Mark)
.....................................................................................................................................
Yes ..................... No .........................
13. Whether the applicant after enrolment, has joined any business, as a full partner/
sleeping partner, if so, full particulars be supplied, with an attested copy of I verify that the information/ particulars furnished by me are true and correct to
business instrument like Partnership deed, MOU, Agreements etc. ........................ the best of my knowledge and nothing has been kept concealed therein.
.....................................................................................................................................
I am also submitting herewith Column-II and III of this Form-A.
14. Whether the applicant, after enrolment has incurred any disqualification as
mentioned in Section 24-A of the Act, if so, certified copy of judgment / order
be attached: Date : Full Signature
15. Whether applicant, at present, is facing any disciplinary or criminal or contempt of the Advocate
proceedings/ convicted in any Criminal or other proceedings or not, if so, full
particulars be given: ......................................................................................................... Note: - One additional passport size photograph is attached/sent herewith.
........................................................................................................................................
........................................................................................................................................
FORM - A FORM - A
COLUMN - II COLUMN - III (Certification)6
(See Rule 8.4 of the BCI Certificate and Place of Practice (Verification) Rules, 2015) (See Rule 8.4 of the BCI Certificate and Place of Practice (Verification) Rules, 2015)
FORM - B FORM - C
[For Office use only) Passport
size APPLICATION FOR RESUMPTION OF CERTIFICATE OF PRACTICE
Bar Council of .................................... Photograph (See Rule 28.2 of B. C. I. Certificate and Place of Practice (Verification) Rules, 2015)
of the
Advocate
To, Passport
Certificate of Practice size
The Secretary,
Photograph
Bar Council of ........................................ of the
[issued under B. C. I. Certificate and Place of Practice Advocate
..................................................................
(Verification) Rules, 2015]
..................................................................
C. O. P. No.________ of ______ ..................................................................
This is to certify that Shri/Mr./Mrs./Ms. .......................................................................... Sub. : Application for resumption of Certificate of Practice ( /.............../...............)
........................................................................................................................... S/o, W/o,
D/o ................................................................................................................................... R/ Sir,
o ........................................................................................................................................ I hereby apply to the ................................................(name of the State Bar Council)
................................................................................................... PS ....................................... for issuance of certificate of practice.
................................ dated .................................................. is an advocate enrolled in
My full particulars are as follows:-
the Bar Council of ........................................................................................................... His
enrolment number is ....................................................... dated .................................... 1. Enrolment number on the Roll : ..............................................................................
and his normal place of practice is .................................................................. 2. Date of Enrolment: ...................................................................................................
He is entitled to cast his vote for the election of Bar Council of ........................................ 3. Name of the Advocate : ...........................................................................................
....................................... at ............................................................. (Place) and in the ( As given in the Enrolment Certificate):
elections of Bar Association of ..................................................................... (name & place
of Bar Association, if applicable). 4. Father’s Name: ........................................................................................................
This certificate of practice is valid for a period of 5 years from the date of its issuance. 5. Present Residential Address: .................................................................................
.....................................................................................................................................
Date:
.....................................................................................................................................
Chairman/Vice-Chairman
6. Name of Institution & University from where advocate has done his
Authorized Signatory
(Seal of the State Bar Council) i. Graduation ........................................................ year ....................
11.1. That in the changed circumstances, I intend to resume law practice. 18. Place where the Advocate intends to cast his vote
11.2. That after enrolment I have not suffered and incurred any disqualification s i. In Bar Council Elections ..................................................................................
mentioned in Section 24-A of the Advocates Act.
ii. In Bar Association Elections.........................................................................
12. Particulars of the Certificate of Practice issued to the application if any :- Name of the Bar Association ........................................................................
a. Whether issued under AIBE Rules, if so, its number and date Place ...............................................................................................................
............................................................................................................................ (This clause shall not apply to advocate who does not intend to be a member of
any Bar Association)
b. Whether issued by the State Bar Council under these rules, if so, its number
and date (self attested photo copies of the certificate of practice to be annexed 19. Any other information, applicant wants to submit about his distinctions.
with this application).........................................................................................
.............................................................................................................................. I verify that the information/particulars furnished by me are true and correct to the
best of my knowledge and nothing has been kept concealed therein. I bona-fide
c. Particualrs of the notification, whereby the applicant was put in the list of intend to resume Law practice.
“Non-Practicing Advocate” ..................................................................................
.............................................................................................................................
13. Whether the applicant after enrolment has joined any Government/Semi- Date : Signature
Government or Private Service or any other kind of service, if so full particulars of the Advocate
be furnished with date of joining of such services: ....................................................
.....................................................................................................................................
14. Whether the applicant after enrolment, has joined any business, as a full partner/
sleeping partner, if so, full particulars be supplied, with an attested copy of
business instrument like Partnership deed, MOU, Agreements etc. ........................
.....................................................................................................................................
15. Whether the applicant, after enrolment has incurred any disqualification as
mentioned in Section 24-A of the Act, if so, certified copy of judgment / order
be attached:
FORM - D FORM - E 7
Passport FOR SENIOR ADVOCATES
Bar Council of .................................... size
(See Rule 5(a) of the Bar Council of India Certificate and Place of Practice (Verification),
Photograph
IDENTITY CARD Rules 2015)
of the
To,
Advocate
I. Card No............................................... The Secretary,
Passport
Bar Council of ........................................ size
1. Name ......................................................................................................................... .................................................................. Photograph
of the
..................................................................
2. Father’s Name .......................................................................................................... Advocate
..................................................................
3. Enrolment No., Year & date ...................................................................................
5. Normal Place of Practice ............................................................................................ Place where the Sr. Advocate to case his vote in the elections of State Bar Council:
............................................................................................................................
6. Date of expiry of I-Card..............................................................................................
Name/Place of Bar Association where the Senior Advocate casts his vote:
7. Place where Advocate is entitled to vote in elections of State Bar Council ........................................................................................................................................
....................................................................................................................................
Date: Date:......................................
Chairman/Vice-Chairman
Authorized Signatory
(Seal of the State Bar Council)